White Papers

Incorporating Data Analytics into a Company’s Antitrust Compliance Review, Monitoring, and Audit Program

Proactive compliance monitoring programs are becoming increasing important to mitigate the risks and fallout associated with rising regulatory enforcement. It’s important to note that these programs can be implemented without significant resources or investment in new tools. With the right planning and expertise, a company’s existing data and systems can be used to incorporate data analytics and communications monitoring into any compliance program.

Antitrust & Merger Investigations Analytics

Understanding the Functionality and Benefits of Smart Contracts for Corporations

Until recently, the term “smart contracts” was little more than a buzzword. As part of the rising hype within the blockchain and digital assets arena, smart contracts have been of interest to many but understood by few. That’s beginning to change as a wide range of real-world, practical smart contracts use cases are gaining momentum and proving results for business operations within a growing number of enterprises. Many organizations have started to digitally map workflows, improve processes and achieve faster, more transparent and reliable transactions with the help of smart contracts. This article discusses the key features of smart contracts, leading use cases, functionality and benefits.

Blockchain

Establishing Information Governance Best Practices for Microsoft 365 Deployments

Microsoft accounts for 92% of the content services market, with most organisations utilising services within Microsoft 365 and/or Microsoft Teams to enable productivity and efficient remote working. In 2020, Microsoft 365 users generated more than 30 billion collaboration minutes in a single day as people communicated, collaborated and created documents at accelerating speed. This pace of adoption and scale of use has made it difficult for many organisations to maintain consistent information governance (IG).

Microsoft 365 Information Governance

The State of Emerging Data 2022: Waking a Sleeping Giant

Compliance, legal and IT teams face a dynamic data universe that is generating an unprecedented and varied influx of risk. The increased use of cloud-based and collaboration tools is creating challenges across investigations, legal matters, governance and data protection. Adapting to this new landscape of emerging data sources will be paramount to mitigating risks and establishing new best practices.

Emerging Data Sources

The State of Blockchain Technology and Digital Assets in Financial Services: An Escalating Industry Disruption

Blockchain technology and the digital asset class, including cryptocurrencies, have experienced a rapid and accelerating evolution. Overall, the number of companies bringing services to market to support real-world blockchain and cryptocurrency applications through payments, loans, custody, investment and clearance and settlement is on a steady uptick, illustrating the technology’s momentum among financial institutions looking to establish an early position in the industry while awaiting regulatory clarity.

Blockchain

The General Counsel Report 2022

Previous General Counsel studies revealed that the trials from the past two years were critical in preparing legal teams with the endurance needed to face a myriad of emerging expectations and challenges. In this year’s GC Report, we explore three critical areas that will soon dominate time and resources: risk, culture and technology.

Industry Trends

Law Department Operations Technology Survey: The Journey to Modernization

The pandemic has impacted us all in many ways. For some, it has meant pausing, reassessing priorities and charting a course for the future. The same can be said of businesses, and the legal departments within. To better understand the changes sought by law departments to increase efficiency through technology, FTI Consulting partnered with the Blickstein Group to conduct a study analyzing the road to technology modernization.

Industry Trends

Technology Assisted Review for Corporate Legal: Applying Analytics in Everyday E-discovery

In a world where technology, AI and automation have penetrated nearly every facet of day-today life, it’s easy to take technological advancement for granted. Easy to assume that it has been embraced as intuitive, across all industries and business processes, to optimize efficiency and replace cumbersome manual work. In the legal field though, reality has not quite caught up to expectation. Despite significant advancements in legal technology, widespread judicial approval of machine-powered processes and a mass of proven benefits, advanced analytics and technology-assisted review (TAR) are still regarded by many lawyers as complex.

Technology Assisted Review

E-book - Taking Aim at Enterprise Data Governance

Hitting the bullseye in modern data governance starts with a clear view of an organization’s challenges, roles and data objectives in the context of the ever-evolving data landscape. This e-book provides a framework for defining modern data governance, understanding key players and achieving (or refreshing) programs that meets the needs of every stakeholder. It will include FTI Technology’s unique perspective of how combining data governance with broader information governance (IG) and strategic analytics can support robust compliance, data protection, business insights and more.

Information Governance

GCR Survey Report: Investigations, Data and Compliance

The pandemic and its ripple effects have impacted us all in many ways, including how we work. Suddenly, millions of workers worldwide made the shift to remote work - adopting new schedules, communication systems, and business practices. Antitrust practitioners were no different.

Emerging Data Sources Antitrust & Merger Investigations Industry Trends Digital Forensics & Investigations

In-House Legal Technology Modernization: Considerations and Best Practices

A practical guide for modernizing legal operations and optimizing investments across people, process and technology, to ultimately do more with less.

Data Security in Texas: The Lone Star in Privacy Compliance?

Are companies in Texas leading the way when it comes to their approach to data security? This new report based on a survey done by ALM Media and FTI Consulting explores the approaches Texas companies employed to challenges faced by virtual workplaces and evolving privacy regulations.

Information Governance Data Privacy

M&A in Canada 2021: Navigating Data Challenges and Competition Control

For legal professionals focused on Canada related merger and acquisitions, the latest data trends and updated guidance from the Competition Bureau must be well understood to better navigate the current climate.

Antitrust & Merger Investigations

Corporate Investigations X-Factors

Examining the evolving landscape and emerging methods in responding to regulatory inquiries and fraud investigations

Industry Trends Digital Forensics & Investigations

Effective Strategies to Manage Global Data Challenges

At the recent PrivSec Global event, Nina Bryant and Kajen Subramoney, Managing Directors within FTI Consulting’s Technology segment in EMEA, participated in a panel with other data privacy experts to discuss the current global landscape of data challenges.

Information Governance Data Privacy

The IAPP-FTI Consulting Annual Privacy Governance Report 2020

The IAPP-FTI Consulting Privacy Governance Report is the primary annual study benchmarking the privacy profession. Now in its sixth year, the report takes a deep dive into the leadership structures, core functions, staff and budgets, and tasks and priorities of privacy programs around the globe. It provides key metrics on ongoing compliance with core pieces of privacy legislation and the effects of recent legal rulings and guidance from data protection authorities on processing operations.

Information Governance Industry Trends Data Privacy

The General Counsel Report 2021

Learn how major events impacted the role of general counsel and how the learnings from 2020 can be applied to effectively navigate 2021. The report features candid responses from over 30 surveyed general counsel.

Industry Trends E-discovery

IT’s Role in Supporting Global Privacy Compliance

While privacy programs are typically driven by stakeholders in legal and compliance, the requirements, resources, policies, processes and technologies involved with data privacy compliance often cross over with Information Technology (IT). Existing and emerging data privacy and data protection regulations also introduce a new set of considerations for IT teams to address when sourcing, deploying, managing or sunsetting systems and working with third-party providers.

Information Governance Industry Trends Data Privacy

As LIBOR Sunsets, Contract Intelligence Takes Center Stage

What happens when “the most important number in finance” is eliminated? With the impending retirement of the London Interbank Offered Rate (LIBOR), financial institutions around the world are now faced with that question.

Contract Intelligence

E-discovery in 2020: The Sudden Shift in Our Data Footprint

The pandemic has impacted us all in many ways, personally and professionally. Like any major event, the impact of the pandemic and its ripple effects will be studied for many years to come. This holds true for e-discovery. In this FTI Report we examine the impact of rapid change in our discoverable data make-up. We take a close-up view of what it means for legal teams---how to adapt, adjust and take action as analyzing rich media as well as fragmented chat strings become key to e-discovery and investigation efficacy.

Industry Trends E-discovery COVID-19

Future-Proofing Corporate Data Privacy: Budgeting and Solutions to Address Tomorrow's Compliance Challenges

FTI Consulting surveyed over 500 corporate data privacy leaders to understand the solutions, strategies and budgets companies have planned to address data privacy challenges in the coming year. This survey report illustrates how organizations are balancing the costs and risks of managing data in an ever-changing data privacy landscape; the importance of implementing a strategic combination of people, process and technology to mitigate data privacy risk; and the status of future plans in light of today’s uncertainties.

Information Governance Data Privacy

Five Steps To E-Discovery Workforce Continuity in Our New Normal

At FTI, we have adapted our e-discovery offerings to adhere to pandemic-related stay-at-home orders and distancing policies. In this guide, we share the steps we have taken to maintain continuity with the hope you can apply them to your own organization and teams.

COVID-19 E-discovery Industry Trends

Limping to the GDPR Finish Line - Why Many Companies Still Aren’t Fully Compliant

To date, GDPR compliance at most organizations has been approached from the top down. Policies and procedures are essential. However, now that most organizations have those in place, it is time to begin revisiting GDPR programs from the bottom up — starting with the systems where data lives, to ensure cohesive alignment between the existing privacy policies, business requirements, and the IT systems and infrastructure.

Data Privacy GDPR Information Governance

Corporate Data Privacy Today; A Look at the Current State of Readiness, Perception and Compliance

FTI Consulting recently conducted a survey of more than 500 data privacy leaders of large, U.S.-based companies. The results illustrate the state of data privacy in today’s corporations, giving insight into the programs, perceptions and strategies at play.

Data Privacy Information Governance

Case Narratives and The Next Generation of Discovery

As e-discovery technology advances, expert teams are utilizing new processes to improve on the existing workflows and to drive greater efficiency and cost-effectiveness in factual case strategy development. In turn, attorneys that partner with researchers will serve their clients better, faster and more cost effectively during this critical phase of litigations and investigations. This will lead to improved client satisfaction and allow attorneys to maintain their positions as trusted advisors, all while continuing to deliver consistency and quality.

Analytics E-discovery Industry Trends

Committing To Data Privacy Compliance: The California Consumer Privacy Act And Steps To Prepare

California’s new data privacy law, The California Consumer Privacy Act of 2018 (CCPA), is ushering in a new era of consumer privacy protections in the U.S. The law takes effect January 1, 2020, and will provide broad privacy protections for California residents. To ensure regulatory readiness, organizations must prepare for the impact the law will bring to their business, understand obligations and take steps to modify processes accordingly

Data Privacy Information Governance

The General Counsel Report: Corporate Legal Departments in 2020

FTI Technology and Relativity partnered with Ari Kaplan Advisors to survey chief legal officers about the future of the legal industry and the skills and expertise needed for the next generation of lawyers. The results of these interviews clearly indicate an industry in transition across four key areas: the evolving role of in-house counsel, risk factors and how the modern legal department is addressing them, technology and innovation in law, and advice that general counsel have for their law firms and for future lawyers.

Data Privacy Industry Trends Information Governance

Merger Clearance Investigations - Increased Rigor and Emphasis on Internal Documents

Historically, when two companies have proposed a merger or acquisition, European competition authorities evaluated various economic and market analyses to determine whether the transaction would establish too dominant of a position for the companies in any given market. Now, regulators, particularly DG Comp and competition agencies in the UK, Germany and France, are increasingly interested in the review of contemporaneous internal documents.

E-discovery Antitrust & Merger Investigations

The State of E-discovery 2019

This year’s State of E-discovery report pulls from the latest economic, case law, and professional e-discovery and legal industries to paint a picture of an industry at an inflection point. With the information contained in it, you can make the strategic decisions you need to ensure you stay ahead of the e-discovery curve.

Global E-discovery E-discovery

Form Follows Function: Negotiating the Second Request Process with Government Regulators

There may be no process in the entire legal business fraught with more urgency than an HSR Second Request. Legal teams are expected to process, review and produce a large quantity of documents in only a few months. Failure to properly comply can result in significant delays. Because of this, there is an enormous temptation to begin the review the moment a Second Request is announced. This temptation, however, must be resisted until some key "gating factors" are negotiated with the government.

Antitrust & Merger Investigations

Revolutionising the Monitoring of Culture and Misconduct Risks and Related Investigations

Intelligent use of modern techniques such as machine learning and predictive technologies enable risk and compliance functions to respond to today’s escalating expectations

Digital Forensics & Investigations

Spear Phishing: Carefully Targeted, Extremely Damaging and Fast Increasing

As spear phishing becomes sophisticated and widespread it’s essential that organisations take a multi-layered approach to protecting themselves. This means buying in expertise in staff training, cyber security and monitoring from an external source that specialises in this growing risk.

Information Governance Data Privacy

Tracing Crime on the Dark Web

Given its lawlessness, complexity and lack of transparency, monitoring the Dark Web requires expertise and experience. It is often difficult for organisations due to a lack of highly skilled resources and skillset they typically have available. Instead, companies would be better served by working closely with a technology provider who can provide the relevant support along with assistance in closely monitoring the Dark Web for relevant data using specialist tools and techniques.

Cybersecurity

The State of Information Governance

Bloomberg Quick Pulse 2018 Survey Report

Information Governance

GDPR Breach Crisis: Are You Prepared?

The GDPR compliance deadline might have passed but over two-thirds of UK firms acknowledge they are at risk of a GDPR breach crisis. While data mapping and updating privacy policies are an important aspect of GDPR preparedness, many companies will struggle to respond to GDPR breaches and incidents.

GDPR Information Governance

Advice from Counsel: State of the Union on Data Privacy & Security

The 12th Advice from Counsel study explores how issues of data security and privacy impact in-house legal teams at Fortune 1000 corporations and reveals the top concerns and emerging best practices across three key and intersecting topics: the General Data Protection Regulation (“GDPR”), IG and data security and remediation.

Advice from Counsel Cybersecurity Industry Trends Information Governance

GDPR Countdown - May 2018: The Starting Point, Not the Finish Line

Companies around the globe are impacted by the landmark EU legislation, the General Data Protection Regulation (GDPR) which comes into force on May 25, 2018. While there is tremendous focus on the steep fines, the risks associated with reputational damage due to the inappropriate management of personal data is much greater.

GDPR

Using Information Governance Tactics to Prepare for the GDPR

Much like Information Governance, preparation for the General Data Protection Regulation is a cross-departmental concern that requires input from many different groups within an organization, including privacy, compliance, legal, line of business, IT and information security.

GDPR Industry Trends Information Governance

The Lawyer - Global Litigation 50 Report, 2017

Technology is revolutionising the way lawyers practice their trade. To deliver the greatest value to their clients, legal professionals must know about the latest technological solutions.

Digital Forensics & Investigations Global E-discovery Industry Trends Information Governance Predictive Coding Surveys Technology Assisted Review

92 Reasons to Delete Data

Data storage has never been cheaper. But the downstream costs – data discovery, legal review and data breaches, to name just a few – have never been higher. If you don’t yet have a data remediation policy, this collection of stats, facts and references provides 92 reasons to start planning for one.

Information Governance

Tackling Data Security Risks

We asked 33 in-house compliance leaders: How can organizations create an information governance framework that protects data while staying adaptive to the rapidly evolving business landscape?

Advice from Counsel GDPR

Transforming Risk: Shifting from Reactive to Proactive

With many organisations struggling to deal with the rapid explosion of data, coupled with increasingly aggressive regulatory enforcement, how should they drive change in information governance?

Information Governance

Transforming Risk with Better Information Governance

As regulated companies are required to manage ever growing amounts of data, and regulators are imposing increasingly severe fines, how can firms ensure they comply with this greater scrutiny?

GDPR Information Governance

Quick Wins in Information Governance

From protecting sensitive customer data from cyber threats to complying with data protection laws, corporate information governance efforts are quickly becoming “must do” projects. In this paper, Sonia Cheng gives her top 5 pragmatic and proactive tips to help in-house legal teams achieve quick wins for information governance projects.

Information Governance

Evaluating the Opportunities Presented by Analytics and Visualization in Legal Review

Analytics are changing the game in e-discovery. Written by Blue Hill Research analyst David Houlihan, this report compiles feedback from corporate legal departments, law firms and service providers on best practices for using analytics to reduce costs.

Analytics

A Method to the Data Madness

As employees migrate to an ever-increasing number of apps, how can legal teams ensure that this data is picked up as part of the usual e-discovery process?

Analytics Big Data Industry Trends

How Predictive Coding is Changing the Legal Landscape

The first formal judicial endorsement of the use of predictive coding in e-disclosure in the UK came from Master Matthews in his High Court ruling in the Pyrrho Investments v MWB Property Ltd case. In this paper, we look at the landmark decision and how it is likely to impact e-disclosure costs and proportionality arguments in UK courts, and increase the willingness of legal teams to use predictive coding in document reviews as part of a wide range of disputes and investigations.

Predictive Coding

The State of Information Governance in Corporations

For this Advice from Counsel study, we interviewed in-house counsel to better understand the health and success of information governance programs within corporations. The results clearly show that with a few exceptions, most organizations are in the early stages of information governance adoption. Yet these executives have strong advice on how best to begin and implement an IG initiative. From these results, organizations can better under¬stand how their peers are successfully keeping an eye on the big picture while executing quick wins that help build momentum for broader IG initiatives.

Advice from Counsel Industry Trends Information Governance Surveys

Identifying & Protecting the Corporate Crown Jewels

Every organization has a set of crown jewels—information that is critical, unique or irreplaceable. From the CEO’s emails to the board, to sensitive IP, organizations need to properly identify, categorize and secure these crown jewels. This paper is designed to provide a practical overview of how to secure your company’s crown jewels, from stakeholder involvement to developing repeatable processes and technical considerations.

Information Governance

Why Data Deletion Makes Sense (and Dollars)

Conventional wisdom says the cost of storing data is declining. That’s true. But the total cost to businesses to store data is rising unsustainably because they are collecting — and retaining — more data than ever before. The key to controlling costs and freeing up operating capital is deleting data you don’t need to store. How do you know what you don’t need? Two words: information governance.

Information Governance Industry Trends

Measuring Your E-discovery Program Against Industry, 2015

How does your e-discovery program measure against your peers? How does your team size, budget and technology adoption compare to other companies? Download the study now to learn best practices from Fortune 1000 e-discovery professionals on a range of topics, from data security to budget transparency and retention policies.

Advice from Counsel Industry Trends Predictive Coding Surveys

Mobile Devices, Data Collection and the Next E-discovery Front

Mobile devices are impacting corporations profoundly in ways both obvious and subtle. As in-house counsel, IT staff and the security department grapple with bring your own device (BYOD) policies, security issues and the massive proliferation of data generated by mobile devices, they may not be focusing as closely on litigation and investigational risks caused by mobile device data.

Mobile E-discovery

Metrics that Matter

What do Van Halen, M&Ms and metrics in e-discovery have to do with one another? More than you might think.

Analytics Document Review Industry Trends

Advice from Counsel: 13 Ways Your E-discovery Manager Thinks You Can Reduce E-discovery Spending

What if you could ask 25 of the most experienced e-discovery managers from the Fortune 1000 for their advice on reducing e-discovery costs? That’s exactly what we did, and we’re sharing the results.

Advice from Counsel Document Review Early Case Assessment Preservation & Collection Surveys

E-discovery in Asia – Best Practices for Handling the Legal, Regulatory, Cultural and Technical Challenges

Learn the key survey findings, areas of practical concern for multinational corporations and law firms, and expert perspectives on the evolving legal, technical and cultural landscape impacting e-discovery in the Asian region.

Global E-discovery

Advice from Counsel: The Emerging E-discovery Playbook

Fortune 1000 corporate counsel share advice about how corporations manage their e-discovery programs in this annual survey.

Advice from Counsel Analytics Big Data BYOD (Bring Your Own Device)Information Governance Predictive Coding Preservation & Collection Surveys

Think Green: How Multi-Matter Repositories, Done Right, Can Save Cost Through Litigation Lifecycles.

Learn about assessing whether a multi-matter repository could provide your company quantifiable cost savings and key considerations for developing a defensible multi-matter repository.

Advice from Fortune 1000 E-discovery Experts: Achieving & Maintaining E-discovery Fitness

Download this report to see new survey results from Fortune 1000 e-discovery experts and benchmark your e-discovery fitness against industry averages.

Advice from Counsel Big Data BYOD (Bring Your Own Device)

Seeing is Believing: Using Visual Analytics to Take Predictive Coding Out of the Black Box

Download this white paper learn more about confirming predictive coding results.

Analytics Predictive Coding

Discovery Shifts to the Cloud: Rewards and Perils for Your IT and Legal Teams

Adoption of Cloud computing continues to gain momentum, impacting every segment of the technology and legal worlds. Learn key e-discovery factors to consider as your organization transitions to the cloud and SaaS e-discovery offerings.

Can Predictive Coding Add Value to Your Case?

Landmark cases including Da Silva Moore have resulted in rulings favorable to predictive coding. But is this proven process right for your case, or will it add more problems than it solves? Download this white paper and use its 10 guidelines as a quick self-assessment.

Predictive Coding

Game Change: Reevaluating Collection Processes in the Wake of the National Day Laborer Organizing Network Ruling

Learn key considerations for implementing two main collection methodologies – physical collection vs. logical collection.

Preservation & Collection

Advice from Counsel: Trends that Will Change E-discovery (and What to Do About Them Now)

Learn about where e-discovery is going, and what you can do today to better prepare for these changes.

Advice from Counsel Analytics Big Data BYOD (Bring Your Own Device)Surveys

Advice from Counsel - Can Predictive Coding Deliver on its Promise?

FTI Technology commissioned an interdisciplinary survey of law firm leaders and senior corporate counsel to identify key trends and perspectives on the emergence of predictive coding.

Advice from Counsel Predictive Coding Surveys

The Experts Weigh In: E-discovery Strategies for International Anti-bribery Investigations

Compare strategies for navigating the technological, legal, and cultural barriers of conducting an effective cross-border investigation.

FCPA (Foreign Corrupt Practices Act)Surveys

Advice from Counsel: An Inside Look at Streamlining E-discovery Programs

Top advice from peers for creating effective e-discovery programs.

Advice from Counsel Surveys Technology Assisted Review

Attorney Review in the Enterprise: Choosing Deployment Options

Download this white paper from the Enterprise Strategy Group, and better understand the key considerations for each legal review model.

Exchange Message Tracking Logs - Message Forensics

Microsoft’s LogParser utility, designed to monitor message flow for production and troubleshooting in an Exchange environment, may also be applied for conducting investigations of unacceptable communications.

Budgeting for E-discovery: Understanding Pricing Models for Cost Control and Transparency

How to more effectively budget for an e-discovery program that best suits your needs.

Managed Document Review Technology Assisted Review

E-discovery and Legal Frameworks Governing Privacy and Data Protection in European Countries | Part 2 - Country-Specific Profiles

For those involved with multinational e-discovery, Part 2 of the report includes an appendix of country-specific profiles for France, Germany, Spain, Switzerland and the United Kingdom.

Global E-discovery FCPA (Foreign Corrupt Practices Act)

E-discovery and Legal Frameworks Governing Privacy and Data Protection in European Countries | Part 1 - Implications

This 32-page practical review of data privacy requirements and processes that will help corporations and law firms legally collect, process, review and transfer data for litigation, regulatory requests or investigations.

Global E-discovery FCPA (Foreign Corrupt Practices Act)

The End of Piecemealing: Improving Upon All-in-One Document Review Offerings

This paper discusses the shortcomings of a piecemeal approach compared to an integrated approach, and how all-in-one offerings may still fall short. It explains the essential features of effective integrated approaches to e-discovery and document review, and lays out the specific features companies should consider in selecting an all-in-one, integrated document review provider.

Managed Document Review

The Problems of Keyword Search in E-discovery

Learn more about the difficulties working with keywords during a matter, the many challenges associated with relying on keyword search and the cost and risk associated with attempting to "guess” one's way to a relevant document.